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(영문) 대구지방법원 김천지원 2013.05.16 2013고단285
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On February 2, 2013, at around 07:25, the Defendant: (a) driven the B-ray vehicle by business, and driven from the Kimcheon-si, along with one lane in front of the Songcheon-si, which is composed of two straight lines in front of the middle school consisting of Songcheon-si; (b) the Defendant received the front portion of the D1 ton of the victim C (the 60-year-old driver) driving of the truck driving along the road leading from the right side of the said ray vehicle due to occupational negligence while driving beyond the central line, to the right side of the ray, even if it is a straight line installed with a yellow central line.

Ultimately, the Defendant caused the victim C’s death in his job due to such occupational negligence, and the victim E (the 53-year-old) who is the passenger of the said rayed vehicle suffered injury, such as the closure of the trend requiring approximately 8 weeks medical treatment, and the victim F (the 52-year-old) who is the same passenger, suffered injury, such as the closure of the boom during the 12-day-time period of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, on-site map, on-site photographs, and a report on the actual condition of a traffic accident;

1. Application of Acts and subordinate statutes to each written diagnosis and written autopsy examination;

1. Article 3 (1) of the relevant Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with the largest penalty);

1. Selection of alternative imprisonment without prison labor;

1. Reasons for the sentencing of Article 62(1) of the Criminal Act [decision of types] for the reason for the suspended sentence of punishment (decision of a sentence which is favorable to the reasons for sentencing below] traffic accidents in general traffic accidents: In the area of mitigation [the scope of recommendation], the area of mitigation [the scope of recommendation], April to October [the general person], the area of mitigation from 4 to 10 months from 4.10 months from her imprisonment without prison labor (the general person who has been sentenced to mitigation]: the purchase of comprehensive motor vehicle insurance, the serious reflective factor - the case falling under the proviso of Article 3(2) of the other special school characteristics Act (the central person who has been suspended from

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